Rivard #254008 v. Richard A. Handlon Correctional Facility et al
Filing
6
ORDER REGARDING PARTIAL SERVICE and denying 4 motion for order of medical records; the Clerk is to arrange for service of this order and the complaint; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, cmc)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAUL ARTHUR RIVARD,
Plaintiff,
v.
Case No. 1:14-cv-1131
Honorable Paul L. Maloney
RICHARD A. HANDLON
CORRECTIONAL FACILITY et al.,
Defendants.
____________________________________/
ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s action against Defendants Richard A. Handlon
Correctional Facility, Chapman, Pline and Gonzalez be DISMISSED WITH PREJUDICE for failure
to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and
42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that the Clerk shall forward the complaint to the U.S.
Marshals Service, which is authorized to mail a request for waiver of service to Defendant Smith in
the manner prescribed by Fed. R. Civ. P. 4(d)(2). If waiver of service is unsuccessful, summons
shall issue and be forwarded to the U.S. Marshals Service for service under 28 U.S.C. § 1915(d).
IT IS FURTHER ORDERED that the Defendant Smith shall file an appearance of
counsel (individual Defendants may appear pro se if they do not have counsel) within 21 days of
service or, in the case of a waiver of service, 60 days after the waiver of service was sent. Until so
ordered by the Court, Defendant is not required to file an answer or motion in response to the
complaint, and no default will be entered for failure to do so. See 42 U.S.C. § 1997e(g)(1). After
Defendant has filed an appearance, proceedings in this case will be governed by the Court’s Standard
Case Management Order in a Prisoner Civil Rights Case.
IT IS FURTHER ORDERED that Plaintiff’s motion seeking his medical records
(docket #4) is DENIED.
Dated:
December 3, 2014
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
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